sign in sign up
<<
Home , Renewable Energy Systems

Exhibit “A” PLN2012-00145 Part 1 of 2

ARTICLE XX – RENEWABLE ENERGY SYSTEMS

Sec. X-XXXX. Purpose and Intent The purpose of this Article is to establish zoning regulations for the development and operation of renewable energy systems for and consumption. It also includes standards for the placement and design of such systems that address public health and safety, and, for wind energy systems or wind farms, aesthetic quality of the City as set forth within the goals and policies of the General Plan. The City recognizes that the efficient use of renewable energy systems reduces on-site consumption of utility supplied electricity, reduces dependence on nonrenewable energy sources and results in an overall reduction of greenhouse gas emissions.

Sec. X-XXXX. Applicability No renewable energy system shall be installed or operated except in compliance with this Article.

Sec. X-XXXX. Definitions

a) Renewable energy system: A solar energy system, wind energy system, solar farm or . b) Solar Farm: A collection of photovoltaic solar panels arrayed on a ground mounted support structure for the sole purpose of generating electricity for off-site consumption distributed through the electrical grid. c) Solar energy system: A private, noncommercial energy producing system designed to reduce onsite consumption of utility power consisting of photovoltaic panels that are roof mounted or ground mounted on a support structure for the purpose of collection, storage and distribution of solar energy for space heating or cooling, water heating or electricity generation. d) Toe of the Hill or TOH is defined in Section 8-2199.8 of this code. e) Wind energy system: A private, noncommercial wind energy conversion system designed to reduce onsite consumption of utility power consisting of a , a tower, and associated controls with a rated capacity of 20 kilowatts (kW) or less. A wind energy conversion system may be installed onto the roof of a structure (Roof Mount) or onto a ground mounted structure (Ground Mount). The height of such structure shall be measured to the highest point of the system, top of blade or top of tower, whichever is greater. f) Wind farm: One or more wind turbines each with a rated capacity of 20 kilowatts (kW) or more developed for the sole purpose of generating electricity for off-site consumption distributed through the electrical grid.

DRAFT – Renewable Energy Ordinance Page 1 of 6

Sec. X-XXXX. Solar and Wind Energy Systems: Permitting Table

This table provides a general overview; refer to the text for specific requirements. In the event of any conflict between the text and this matrix, the text will govern.

General Plan Land Solar Panels Solar Arrays Wind Turbines Wind Turbines Use or Location (Roof Mounted) (Ground (Roof Mounted) (Ground Mounted) Mounted) Areas above the Toe Permitted Use Permitted Use Zoning Conditional Use of the Hill (TOH) Administrator Permit (Subject to the Hill Permit Area Initiative of 2002) Residential Permitted Use Permitted Use Permitted Use* Zoning Administrator Permit Commercial and Permitted Use Permitted Use Permitted Use* Permitted Use** Industrial Open Space below Permitted Use Permitted Use Not Permitted Not Permitted the TOH (City Parks excepted) All Other Areas Permitted Use Permitted Use Zoning Zoning Administrator Administrator Permit Permit *Permitted accessory use to a residential, commercial or industrial use when the system is not more than 10 feet above the highest roof line of the structure and the turbine diameter is 60 inches or less. Otherwise, a Zoning Administrator Permit is required.

** Permitted accessory use to commercial and industrial uses when system is not more than 40 feet tall. Otherwise, a Zoning Administrator Permit is required.

Sec. X-XXXX. Solar Energy Systems 1) Permitted Accessory Use: Solar Energy Systems (roof or ground mount) are permitted accessory uses in all zoning districts subject to the regulations in this article, the provisions of the Hill Area Initiative of 2002 and accessory use standards. Ground mounted solar energy systems are also subject to Article 27, Site Plan and Architectural Approval.

2) Siting and Locational Standards: Solar energy systems shall be located and constructed as follows:

DRAFT – Renewable Energy Ordinance Page 2 of 6 Standards Roof Mounted Ground Mounted Solar Solar Panels Arrays Maximum Height of System n/a 12 feet on residential designated parcels and parcels used for residential, 24 feet in all other districts. Location on Parcel n/a Rear yard on residential designated parcels and parcels used for residential; and front, side or rear yard in all other zoning districts. Maximum Parcel Coverage n/a Residential parcels subject to detached accessory structure provisions under Article 22. Fifty percent of entire parcel in all other designations. Separation Requirements to n/a Subject to detached Buildings and Property Lines accessory structure provisions under Article 22

3) Other Requirements: a. Security: Ground mounted solar arrays located on commercial or industrial designated lands and visible from the public right-of-way are encouraged to be secured with fencing that is decorative in nature. b. Feeder lines: Feeder lines and any other appurtenant equipment serving the solar energy system are encouraged to be screened to the maximum extent possible or placed underground where screening is not feasible. c. Abandonment of Use: If a ground mounted solar energy system remains nonfunctional or inoperative for a period of one year it shall be deemed abandoned and shall be dismantled and removed from the property at the expense of the property owner.

4) Demonstration Systems: Nothing in this Article is meant to restrict or discourage the use of solar energy systems for the purposes of demonstrating their operational characteristics by commercial or industrial businesses involved in the sale or manufacturing of such systems. However, such demonstration systems are permitted only as an accessory use to a principally permitted use. Demonstration systems may be located on a separate parcel only if that parcel is adjacent to the parcel on which the principal use is located and where both parcels contain the same General Plan land use designation.

5) Solar Arrays in Parking Lots: Where solar arrays are installed over parking lots, the portion of the parking lot covered by the array is exempt from the tree planting requirements of Section 8-22009(e)(4)(b). The applicability of this exemption shall be reviewed through the Site Plan and Architectural Review process of Article 27. All other landscape requirements shall apply. Any removal of trees shall be governed by the Tree Preservation Ordinance as set forth in Title 4, Chapter 5 of this code.

DRAFT – Renewable Energy Ordinance Page 3 of 6 Sec. X-XXXX. Wind Energy Systems 1) Permitted Accessory Use: (See also Section X-XXXX Solar and Wind Energy Systems: Permitting Matrix) a. Roof-mounted wind energy systems are a permitted accessory use provided that they are located below the Toe of the Hill (TOH), no more than 10 feet above the highest roofline, have a blade diameter of five feet or less and not located on a Register Resource or Potential Fremont Register Resource; b. All other roof-mounted wind energy systems require a Zoning Administrator Permit except where prohibited as set forth in subsection (e) below; c. Ground-mounted wind energy systems on parcels located above the TOH require a Conditional Use Permit, and are subject to applicable provisions of the Hill Area Initiative of 2002 (Measure T), including those related to visual safeguards; d. Ground-mounted wind energy systems located on commercial and industrial designated parcels and no more than 40 feet tall to the top of blade are a permitted accessory use. Otherwise, a Zoning Administrator Permit is required; e. Wind energy systems are not permitted in any Open Space Land Use designations below the TOH except the City Park designation.

2) Number of Systems: The number of wind energy systems is limited as follows: a. One wind energy system shall be allowed per parcel above the TOH, per each residential parcel less than 20,000 square feet and per commercial parcel located in the City Center or Town Center land use designation subject to the siting and location standards. b. Two wind energy systems shall be allowed per residential parcel equal to or greater than 20,000 square feet and up to one acre, and per commercial parcel designated as Mixed Use, General Commercial or Regional Commercial subject to the siting and location standards. c. There is no limit on the number of wind energy systems for any residential parcel greater than one acre in size, parcels designated as Public Facility or any parcels designated as Industrial subject to the siting and location standards. d. The Planning Commission may permit additional wind energy systems on a parcel subject to the siting and locational standards and a Conditional Use Permit.

3) Siting and Locational Standards: Wind energy systems shall be located and constructed as follows:

Standards Roof Mounted Ground Mounted Wind Energy Wind Energy Systems Systems Location on Parcel n/a Rear yard in residential designations; front, side or rear yard in all other designations. Separation Requirements to 5 feet or total turbine 15 feet or total turbine diameter, Property Lines and Other diameter, whichever whichever is greater Wind Turbines is greater Maximum Height of System 15 feet above 60 feet on parcels less than one (Top of Blade) highest roof line acre or above the TOH; 90 feet on all other parcels

DRAFT – Renewable Energy Ordinance Page 4 of 6 Rotor Blade Diameter 10 feet 25 feet

4) Other Requirements: a. Braking Systems: All wind energy systems shall be designed with braking mechanisms or overspeed control to prevent uncontrolled rotation, excessive speed and pressure on the support structure, rotor blades and system components. b. Lighting: No lighting shall be allowed on any wind turbine tower except that which is required by the Federal Aviation Administration. c. Noise: Wind energy systems shall comply with the noise requirements of the Fremont General Plan. d. Electromagnetic Interference: Wind energy systems shall be operated so as to avoid disruptive electromagnetic interference to off-site telecommunications, surveillance, or other similar systems. Where such interference occurs, the system operator shall promptly eliminate the interference or cease operation of the system. e. Feeder lines: To the maximum extent possible, feeder lines and any other appurtenant equipment serving the solar energy systems shall be screened, or placed underground if where screening is not possible. f. Guy wires: Anchor points for any guy wires for the support structure shall be located within property lines and not on or across any aboveground electric transmission distribution line. Written permission of the easement holder must be obtained prior to extending guy wires across underground easements. g. Access: Where a support structure is a lattice tower, one of the following methods shall be used to restrict access: (1) the climbing apparatus shall be elevated at least twelve feet from the ground, (2) a locked anti-climbing device shall be installed on the tower; or (3) the tower shall be enclosed by a locked six-foot fence. h. Deviations: Any deviations from the required standards of this Article may be considered through a Conditional Use Permit process in accordance with Article 25. For deviations to height standards, the applicant shall provide the following: i. Proof of substantial wind obstruction preventing maximum efficiency of the wind energy systems at the maximum allowable height; and; ii. A visual impact analysis of the proposed wind energy system as installed including photo simulations and any visual screening incorporated to lessen the system’s visual prominence.

5) Abandonment of Use: If the wind energy system remains nonfunctional or inoperative for a period of one year, it shall be deemed abandoned and shall be dismantled and removed from the property at the expense of the property owner.

Sec. X-XXXX. Historic Resources Notwithstanding anything to the contrary in this Article XX, where a renewable energy system is proposed to be located on a property containing a Register Resource or Potential Register Resource as defined in Article 19.1 (Historic Resources Ordinance) or within a Historical Overlay District under Article 18.4, review shall be conducted in accordance with the applicable article.

DRAFT – Renewable Energy Ordinance Page 5 of 6 Sec. X-XXXX. Wind and Solar Farms for Commercial Electricity Production A wind farms or solar farms for commercial electricity production may be permitted subject to Conditional Use Permit review and approval by the Planning Commission, provided it is located on a lot designated as Public Facility or General Industrial on the General Plan Land Use Diagram, the lot size is greater than 10 acres and is located below the Toe of the Hill. Such systems are subject to the regulations of this Article and any other regulations deemed necessary for the public health and safety by the Community Development Director and/or Chief Building Official.

Sec. X-XXXX. Emerging Technologies Nothing in this is Article is meant to restrict or prevent other renewable energy technologies from being constructed, operated or implemented. Implementation of such technologies shall be subject to the same requirements and follow the same general procedure as other renewable energy systems to the extent practicable. They shall also be subject to all provisions of the Fremont Municipal Code, California Building Code and other development related policies subject to review by the Community Development Director.

Sec. X-XXXX. Conflict This Article is not intended to interfere with or annul any other ordinance, regulation, statute or other provision of law except as provided herein. If any provision of this Article imposes restrictions different from any other ordinance, regulation, statute or other provision of law, the provision that is more restrictive shall control.

Sec. X-XXXX. Indemnity Any property owner that installs a renewable energy system shall defend, indemnify and hold harmless the City and any of its boards, commission, officers, agents and employees from any claim, action, or proceeding against the City, its boards, commission, officers, agents and employees to attack, set aside, void or annul the approval of the project.

DRAFT – Renewable Energy Ordinance Page 6 of 6 Exhibit “A” PLN2012-00145 Part 2 of 2

FMC §6-3104 AMENDED

Fremont Municipal Code Title 6, Chapter 3, Section 6-3104 (Utility Underground Districts) is hereby amended to read as follows.

Sec. 6-3104 Certain Facilities Excepted.

(a)-(e) (text unchanged)

(f) Renewable energy systems. Renewable energy systems as that term is defined in section X-XXXX of this code.

FMC §8-2823 AMENDED

Fremont Municipal Code Title 8, Chapter 2, Article 8.2 (P-F Public Facilities District) Section 8-2823 (Conditional uses: Planning Commission as reviewing agency) is hereby amended to read as follows.

Sec. 8-2823. Conditional uses: Planning Commission as reviewing agency.

The following uses may be permitted with a conditional use permit, provided all other requirements of this chapter are met. The procedure for a conditional use permit shall be as set forth in Article 25 of this chapter.

(a)-(b) (text unchanged)

(c) Wind farms and solar farms, as defined in section X-XXXX, on lots designated as Public Facility or General Industrial on the General Plan Land Use Diagram, where such lots are greater than 10 acres and located below the TOH, and ground-mounted wind energy systems located above the TOH.

FMC §8-21508 AMENDED

Fremont Municipal Code Title 8, Chapter 2, Article 15 (Industrial Districts) Section 8-21508 (Uses in Formatted: Font: Not Bold the industrial districts) is hereby amended to read as follows.

Sec. 8-21508. Uses in the industrial districts.

(a)-(b) (text unchanged) Formatted: Indent: First line: 0"

Page 1 of 6

TABLE 8-21508 Formatted: Centered, Indent: First line: 0.25"

Uses in Industrial Districts Formatted: Centered, Indent: First line: 0"

(text preceding tables and all tables unchanged except for “Communication and Utility Service Uses table as set forth below)

Communication and Utility Service Uses I-L I-R G-I

Communications2 and telecommunications (e.g., telephone, radio, cable, wireless, Z5 Z5 P5 satellite);

Electric, gas, and sanitary services,2 as follows:

- Combination electric and gas, and other utility services;2 C5 Z5 Z5

- Electric services;2 C5 Z5 Z5

- transmission and distribution;2 C5 Z5 Z5

- Natural gas transmission and distribution;2 C5 Z5 Z5

- Sanitary services;2 C5 Z5 Z5

- Sewerage systems;2 C5 Z5 Z5

- Water supply;2 C5 Z5 Z5

Renewable energy systems for off-site consumption, as follows:

- Wind Farms, on lots 10 acres or larger; 1 - - - - C

- Solar Farms on lots 10 acres or larger;1 - - - - C

Page 2 of 6

FMC §8-2199.24 REPEALED

Fremont Municipal Code Title 8, Chapter 2, Article 1, Section 8-2199.24 (Wind Energy Conversion System (WECS)) is hereby repealed.

Sec. 8-2199.24. ReservedWind Energy Conversion System (WECS). Formatted: Font: Bold Formatted: Indent: Hanging: 1" [“Wind energy conversion system (WECS)” shall mean] a machine that converts the kinetic Formatted: Ordinance Text, Indent: Left: energy in the wind into a usable form. A WECS is commonly known as a or wind 0.25" turbine, and includes all parts of the system including the tower and the transmission equipment.

FMC §8-2199.24.1 REPEALED

Fremont Municipal Code Title 8, Chapter 2, Article 1, Section 8-2199.24.1 (WECS overspeed control) is hereby repealed.

Sec. 8-2199.24. ReservedWECS overspeed control. Formatted: Indent: First line: 0.5"

[“WECS overspeed control" shall mean] a mechanism used to limit the speed of rotor blade Formatted: Font: (Default) Times New Roman, 12 pt rotation to below the design limits of the WECS.

FMC §8-2199.24.2 REPEALED

Fremont Municipal Code Title 8, Chapter 2, Article 1, Section 8-2199.24.2 (WECS swept area) is hereby repealed.

Sec. 8-2199.24. ReservedWECS swept area. Formatted: Indent: First line: 0.5"

[“WECS swept area” shall mean] the largest area of the WECS which extracts energy from the wind system. In a conventional propeller-type WECS, there is a direct relationship between the swept area and rotor diameter.

FMC §8-2199.24.3 REPEALED

Fremont Municipal Code Title 8, Chapter 2, Article 1, Section 8-2199.24.3 (Wind Farm) is hereby repealed.

Page 3 of 6 Sec. 8-2199.24.3. ReservedWind Farm. Formatted: Indent: Hanging: 1"

[“Wind farm” shall mean] a site which includes more than one wind energy conversion system Formatted: Indent: Left: 0.5" on any single parcel of land, or whose primary use is the production of electrical energy from .

FMC §8-22165 REPEALED

Fremont Municipal Code Title 8, Chapter 2, Article 21.3, Section 8-22165 (Wind Energy Conversion Systems) is hereby repealed.

Sec. 8-22165. ReservedWind energy conversion systems.1.

The following regulations and requirements shall apply to wind energy conversion systems:

(a) Procedural requirements. A zoning administrator permit shall be required for the installation of any single wind energy conversion system in all zoning districts. A special conditional use permit approved by the planning commission shall be required for the establishment of a wind farm. Zoning administrator permit and conditional use permit applications for a WECS shall be accompanied by:

(1) A plot plan drawn in sufficient detail to clearly describe the following:

a. Property lines and physical dimensions of the site.

b. The location and dimensions of all structures and trees on the site and within a five hundred-foot radius of the proposed WECS, and a description of all existing or proposed uses of the site.

c. The location and dimensions of the proposed WECS.

d. The location of all aboveground utility lines on the site or within a radius equal to the total height of the WECS.

(2) Standard elevation view drawings of the wind energy conversion system showing the structural components of the system, including structures, tower, base and footings.

(3) Line drawings identifying the electrical components of the wind energy conversion system in sufficient detail to allow for a determination that the manner of installation conforms to the National Electrical Code.

(b) General provisions. Except for wind farms, the following standards shall be satisfied prior to issuance of a zoning administrator permit for construction of a wind energy conversion system.

Page 4 of 6 (1) Size: The maximum size of a WECS shall be one thousand square feet in swept area and the rotor blades shall not exceed thirty-five feet in diameter.

(2) Height:

a. Minimum. The lowest reach of the rotor blades shall be located at least thirty feet above structures or trees within a two hundred fifty-foot radius.

b. Maximum. Residentially zoned districts or property designated as residential on the general plan: The tower shall not exceed a height of sixty feet, as measured from grade at the base of the tower to the rotor hub for horizontal-axis WECS, and to the base of the rotor blade assembly for vertical axis WECS.

All other districts, except those designated as residential on the general plan: The tower shall not exceed a height of one hundred feet, as measured from grade at the base of the tower to the rotor hub for horizontal-axis WECS, and to the base of the rotor blade assembly for vertical-axis WECS.

(3) Location: A WECS may be located only in the rear yard or interior side yard of a lot; however, a WECS may be located in any yard in an A district designated as open space or industrial on the general plan or on lots greater than five acres in area in an O-S district.

(4) Setbacks:

a. The furthest extension of any portion of the WECS apparatus shall be set back a minimum of three feet from any property line, excepting guy wires and their point of attachment, which shall be located so as not to cross any property line.

b. A WECS shall be located a minimum of five rotor blade diameters from any other WECS. In cases where adjacent WECS have different rotor blade diameters, the larger rotor blade diameter shall be used for computing the separation requirement.

(5) Compliance with California Building Code: All required drawings and any necessary calculations shall be certified in writing by a California-registered professional engineer that the wind energy conversion system complies with the California Building Code as locally amended.

(6) Compliance with California Electrical Code: Each application for a WECS shall include a statement from a California-registered professional engineer indicating that the electrical system conforms to good engineering practices and complies with the California Electrical Code as locally amended.

(7) Guy wires:

a. Anchor points for guy wires for the WECS tower shall be located within property lines and not on or across any aboveground electric transmission distribution line. Written

Page 5 of 6 permission of the easement holder must be obtained prior to extending guy wires across underground easements.

b. The point of attachment for the guy wires shall be enclosed by a fence six feet in height.

(8) Rotor safety:

a. Each wind system shall be equipped with both manual and automatic controls to limit the rotational speed of the rotor blade below the design limits of the rotor.

b. Each zoning administrator permit and conditional use permit application shall include a statement by a California-registered professional engineer certifying that the rotor and overspeed controls have been designed and fabricated for the proposed use in accordance with good engineering practices. The engineer should also certify the compatibility of the tower with the rotor.

(9) Tower access: One of the following methods shall be used to restrict access:

a. Tower climbing apparatus shall be elevated at least twelve feet from the ground;

b. A locked anti-climb device shall be installed on the tower; or

c. The tower shall be enclosed by a locked six-foot fence.

(10) Noise: Noise resulting from the operation of a WECS shall not exceed forty-five db(A) at any property line.

(11) Electromagnetic interference: Wind energy conversion systems shall be operated such that no disruptive electromagnetic interference is caused. If it is demonstrated to the director of planning that a WECS is causing such interference, the operator or owner shall mitigate the interference.

(12) Signs: At least one sign shall be posted at the base of the tower warning of electrical shock or high voltage.

(13) Utility notification (for those WECS to be interconnected to a utility system): No WECS shall be approved until evidence has been given that the utility company has been notified in writing of the proposed WECS.

(14) Abatement: If the director of planning determines that a WECS has been abandoned, poses a safety hazard, or exceeds the noise level set in section 8-22165(b)(10), he may revoke the zoning administrator permit or conditional use permit and cause the system to be removed within thirty days of written notice to the owner or operator of the system. The City of Fremont reserves the authority to abate any hazardous situation and to pass the cost of such abatement on to the owner or operator of the system

Page 6 of 6